Estate seeks order to reinstate nurse who died 11 weeks after job ended
Lawyers argue reinstating Paul Wilkie to a date before his death would trigger a two-year salary benefit denied by his former employer's insurer.
By Sarah Reynolds ·
Lawyers representing the estate of a deceased nurse have asked the Workplace Relations Commission to issue an order reinstating him to his previous role. The request aims to secure a death-in-service benefit worth two years of salary that the employer's insurers have refused to pay. The hearing took place in Dublin this week.
Paul Wilkie worked as a nurse at the Alzheimer Society of Ireland for ten years. He was out on certified sick leave from September 2023 to early February 2024 due to liver disease. An occupational health report issued on February 2, 2024, stated he was fit to engage with his employer but deferred a final decision until he saw a neurologist.
The charity claims Wilkie abandoned his position by failing to respond to contact. Emma Hart, an HR officer for the organization, testified that management attempted to reach him by phone, email, and post multiple times between February and May 2024. The organization issued a final letter on May 8, 2024, stating they concluded he had decided to resign because they had not heard from him.
Wilkie was found dead in his home in south Dublin approximately seven weeks after the termination letter was sent. His son, Paul Francis Wilkie, told the commission that gardaí forced entry to the house to find his father. It is estimated that Paul Wilkie had actually died a fortnight before being found. His son traveled from Scotland to Dublin in July 2024 to settle his father's affairs and arrange the funeral.
Counsel Eoin Morris stated that the estate is seeking reinstatement or re-engagement specifically to claim the death-in-service benefit. He argued that the benefit would have been paid by the charity's insurers if the dismissal had not occurred seven weeks before the death was discovered. The charity's stance is that Wilkie left his job, which paid €44,500 annually, by not maintaining contact while on sick leave.
HR manager Claire Kennedy testified that the organization followed an absent without leave process. She stated that if Wilkie had reached out, the company would have worked with him. She described the end of his employment as a termination but noted it was not part of the standard disciplinary process. Barrister Stephen O'Sullivan, representing the employer, argued that reinstatement is not feasible because the employee is deceased.
Morris countered that the reinstatement order would end on the date of death. He said the estate is not seeking compensation but rather the specific benefit for the estate. The adjudication officer, John Harraghy, closed the hearing and is expected to deliver a written decision in the coming weeks. The hearing also covered a written warning issued to Wilkie on September 29, 2023, for failing to complete mandatory training courses.
